Tag Archives: wash d.c. district fers medical retirement lawyer

FERS Lawyer Representation for Federal Disability Retirement Applications: “Just…”

There is a sense of finality to the declarative command — in whatever form of the word is applied.  “Just do X and you’ll be fine”; or: “It’s just a few forms to fill out”.

As a simple adverb, it appears rather harmless — until, of course, those forms that “just” need to be completed turn out to be rejected by the U.S. Offie of Personnel Management, and then you are just left alone and abandoned.

“Just because I told you it was easy, doesn’t make it so.”  What?  Just Because….  The “just” insertion is the justification when justice is just not achieved, and just because someone just says so doesn’t make it just so.

OPM Federal Disability Retirement is not just a matter of answering a few questions and just gathering together some medical records; it is oh-so just so much more.  And just because your Human Resources Office of your Agency or Postal Service says it just ain’t so, doesn’t make it just what they say it just is.

Just to make sure, you may want to contact a FERS Disability Attorney who just happens to specialize in Federal Disability Retirement Law, in order to received justice for your Federal Disability Retirement application.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Disability Retirement: Inconsistencies

Selective extrapolation is the preferred method by which they justify a denial; a notation taken out of context from this particular day, or an offhand comment in response to a nurse’s question on a differentiated day where you may be feeling slightly better, etc.

Inconsistencies remain the harbinger of a denial of a FERS Medical Retirement application from the U.S. Office of Personnel Management.  Yet, life is full of inconsistencies, and one can even argue that inconsistencies are the stamp of reality — that sincerity of life’s events are replete with contradictions and spectrums of bumps; that perfection is often a greater indication of artifice, instead of life’s reality that is actually lived.

That is the anomaly and the inconsistency itself: Perfection of circumstances is the real artifice; lack of perfection, the reality of living life.  Yet, the U.S. Office of Personnel Management reviews a Federal Disability Retirement application in the very opposite way; they search out the inconsistencies, then allege that those inconsistencies somehow rise to the level of artifice, when all along they merely reflect the reality of life itself, replete with inconsistencies that betray the lack of perfection which truth itself brings.

Thus, beware when the doctor or nurse writes in a note, “Feeling much better today” — for, although you still hobble about because of a broken body or are unable to focus or concentrate because of a psychiatric condition, the inconsistency between a singular notation and the reality reflected in one’s medical condition is the weaponized methodology of a Federal Agency which seeks out such inconsistencies as a basis for a denial.

As such, a Federal employee or U.S. Postal Service worker who seeks to file for Federal Disability Retirement benefits should turn for advice and counsel to an experienced Attorney who specializes in FERS Disability Retirement Law to make sure that the inconsistencies may be minimized in the impact upon a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Lost Illusions

In childhood, we retained many illusions; as adulthood came to fruition, such illusions were slowly stripped away, one by one, until reality hardened the sunlight of hope and replaced them with the gloom of daily existence.  Then, sometime later in life, when maturity formed the mold of contentment and latter-day fancies allowed for happiness to reside, we came to compromise with life’s misgivings, allowing that not everyone is bad, not everything is a failure, and not every regret has to be turned into a nightmare attributable to the fault of our parents.

In short, we finally grew up.  But what about those lost illusions?

We define an illusion as that which is wrongly perceived — in other words, it is our “perception” of X that is in error, and not the substance of what X actually is.  Encountering “Being” in the world is a scary matter [sic] in and of itself; for many, the elixir of living in a world of illusions is preferable to the ugly reality of pure Being; just visit any mental institution and one can get a sense of a universe where illusion dominates.

Throughout life, we must always adjust the world as we perceive it, the manner in which we desire to perceive, and the reality of matching perception with pure Being.  It is the game of expectations and the bumping into reality that is the hardest lesson to learn; and for most, the lost illusions of childhood yearning constantly battles to regain our need for a time past, a regret turned, and a desire snuffed.

For Federal employees and U.S. Postal workers who suffer form a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the illusion that one’s Federal or Postal position was secure for a lifetime’s future engagement may be the first thing that needs to be shed.

Further, the illusion that your Agency or Postal unit will be cooperative during the long and complex administrative process — because you “earned it” or that your prior years of dedicated service should count for something — may also be an illusion that needs to be set aside.

Filing for Federal Disability Retirement benefits will likely require the shedding of many illusions, and like those lost illusions once held by the innocent child that was once you, the illusions inherent in preparing, formulating and filing for Federal OPM Disability Retirement benefits under FERS is no different precisely because the encounter with Being is still the tumultuous affair that it always has been.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

OPM Disability Retirement: The inconspicuous individual

Some cannot fathom that role; anonymity in modernity is replaced with the trolling Internet personality; for, there, where one can allow for multiple personalities, schizophrenia and megalomania to rule and manifest, the instinct of the aggressive dominates.  What is it about Facebook, Forums and Fortuitous Forays into Freedom’s Foundation that vanquishes modesty in the face of hiding behind the curtain of anonymity?

There is a conceptual distinction to be made between the inconspicuous individual who desires to remain in the background and enjoy the role of observant but inactive participant, and those who act with modesty and decorum by all appearances, but beneath seethe with the acrimony of jealousy, envy and inadequacy who then utilizes the power of impersonation and trolls the Internet to ridicule, criticize, harass and intimidate.

Traditional discussion and debate required four components:  (1) An unspoken concurrence to engage in the exchange of ideas within a context of gentlemanly decorum and behavior of self-restraint (i.e., in more modern parlance, to not take things personally); (2) To listen without interruption when another is speaking; (3) To understand and apply the rules of logic when positing an idea or introducing a conceptual paradigm; and (4) To recognize a superior argument to one’s own, and submit/admit to it gracefully.

There is, moreover, a fifth element that is never addressed, because it is one that used to be accepted by everyone:  Don’t raise your voice, as it is the quality of the idea pursued and not the excessive volume of debate that matters, and recognize that not everyone is of equal intellectual capacity, such that silence is sometime preferable to a mouth opened merely to make sounds.

Do any of those traditional “rules” apply today?  Are there, in modernity, those who win medals for bravery, or championships in the sports arena, without a subsequent ride upon the lecture circuit, the television appearance and the book-deal that demands an advance of remuneration?  Is there, in short, the existence of the inconspicuous individual in this day and age?

Perhaps modesty is an outmoded concept; humility, a dead characteristic of arcane quality destroyed with the diminishing influence of religiosity; and as empowerment has been replaced by the tortured utterances of the shouting voices on the Internet, so the extinction of the inconspicuous individual is a reality in today’s cackle of overriding voices.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition impacts, prevents and interrupts the ability and capacity of the Federal or Postal employee to perform the essential elements of one’s Federal or Postal job, the ability to remain inconspicuous is something that is sought after, but unfortunately, unable to be maintained.  In the context of suffering from a medical condition, the desire to remain inconspicuous (i.e., staying “under the radar”, so to speak proverbially) is that rarity of modernity, but a necessity by compulsion; for, the alternative is to become a target of the Federal agency or the U.S. Postal Service.

Thus, the word of advice from this lawyer is that, in the process of preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the better time to inform one’s Supervisor, Manager or the Agency in general, is “later” rather than sooner, unless there is a compelling reason to do otherwise; lest, of course, you desire the accelerated extinction to occur for that dying breed identified as the inconspicuous individual.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: The Novel Approach

The genre represents the highest form of literature.  Poetry possesses its eccentric beauty; the short story its ease of brevity for the reader to pick up and finish in convenience of time, and thus its popularity; the biography and the epistemologically privileged cousin, the autobiography, its authentic historicity; and others by design of self-promotion, as Truman Capote’s “non-fiction novel” (an oxymoron?).

But the novel is the king of prose; of a narrative form which allows for many rooms in an endless castle of hidden trap doors and secret galleys full of antiquities and doorways yet to be revealed.  Perhaps that is why, used as an adjective, it defines a uniqueness of approach, akin to the traditional use of the word as a noun representing the highest form of art.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties with the Federal government or the U.S. Postal Service, engaging in a “novel” idea may be the best and only option left.

Where the medical condition no longer allows for the continuation of one’s career, and yet the Federal or Postal employee believes that he or she can still remain productive in the employment arena, it is indeed a novel approach for a benefit to pay for one’s inability to perform one or more of the essential elements of one’s job, and yet allow concurrently for the Federal or Postal employee to enter into the private sector, obtain a second vocation, and make up to 80% of what one’s former position currently pays.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is precisely that allowance of continuation of productivity which fairly recognizes that there is not necessary incompatibility between a medical condition and contribution of talents.

Like the novel genre and the novel idea, they both acknowledge the penultimate value of human creativity, and allow for the characters to develop in the unfolding saga of a story yet untold.

Sincerely,

Robert R. McGill, Esquire

OPM Medical Retirement Law Blog: The Mannequin

The garment may alter, but the pose remains stilted; and no matter what angle the inertia of fashion may be looked at, the expression remains impassive and impenetrable.  Mannequins pose for the public, display the wears without complaint, and fill spaces without disturbances or complaints.  They simply “are”.  Such an existence — of an uncomplaining coexistence with eyes meant to attract upon the changing appearances intended to detract — is often the very definition of a Federal employee or a U.S. Postal worker.

Like mannequins stilted in front of a display window, the Federal and Postal worker is often “there” for years and decades, quietly performing the work that is assigned, accomplishing without accolades but for internal performance reviews and peer ratings, expected to remain silent but for the wears which are displayed.  But then an illness, a medical condition, a disability suddenly enlivens, and the once quietude of existence becomes a focal point of harassment, workplace hostility and trends of gossip.

That mannequin was a person, after all, and interest is remarkably shown when ignoring and repetitive superficiality of meaningless salutations once pervaded the office or work environment.

For Federal or Postal employees, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is often the best option remaining.

The eyes which merely looked beyond the stilted figure but are now upon the live entity, need to again be diverted, such that life can go on again.  To get beyond an environment of poison is to sometimes exit quietly and without fanfare; filing for Federal Disability Retirement is a way for Federal and Postal employees to step outside of the self-destructive hostility, and to rebuild the life once dreamed of by attending to one’s medical condition, first, while securing a future or a second vocation.

Once attained, perhaps those who surround with love and concern will look upon the mannequin beyond the mere appearances, and instead to the substance of the person beneath.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: Unrehearsed Spontaneity

In the absence of a coherent plan, one is left with the ad hoc approach of a sometimes delicious unfolding of unrehearsed spontaneity.  Dinner conversations; an unplanned visit; a sudden windfall; an inheritance from a long-lost relative; these are all desirable circumstances to suddenly befall; but most things in life require some extent of planning, and to expect positive results in the same manner as a string of lucky draws, is to ask for failure in the face of unrealistic anticipatory happenstance.

Medical conditions fall into the category of unexpected events; how one responds to it, what steps are taken, and where one goes from the discovery of the information — these are determinable follow-ups.  We often confuse and bundle together causation with effects.

Hume’s bifurcation via use of billiard balls as an example, illustrates the point of recognizing the importance of identifying that “necessary connection” which is lacking when discussing the universe of inception and result.  Some things happen without rational basis or knowable justification; but where we have the capacity to engage an active hand in a matter, the consequences we perceive from our affirmative participation can be defined and comprehensive.

For Federal employees and U.S. Postal workers who find that a medical condition has impacted his or her ability and capacity to continue in the Federal or Postal job, it is important to recognize that unrehearsed spontaneity is fine for a time, but not for planning the course of one’s future.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, requires the cogent and deliberative gathering of relevant medical documentation; the capacity to compile the compendium of proof in order to qualify; and the application of legal argumentation in combining medical information with legal significance, in order to persuasively submit an effective Federal Disability Retirement packet.

Approvals are not won by mere happenstance; luck in a Federal Disability Retirement application is not based upon a lottery ticket purchased, forgotten, and suddenly viewed for statistical improbabilities; rather, it is a focused approach upon a bureaucratic process where the coalescence of facts, law, and preponderance of the evidence are compiled with a deliberative approach.

Leave the delicious moment of unrehearsed spontaneity to a dance under a sudden cloudburst; to prepare an OPM Disability Retirement application of efficacy and success, a wider approach of planning is necessary.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Be Wary of the Non-Substantive

The evolution of words, their meanings, the subtle connotations and implications gained or lost over time — these are all of interest, if only because they reflect changes to society, often in tumultuous ways, as earthquakes which shatter and create fissures within human normative designs, and in the midst of the rubble, a sense of loss and shattering beyond the mere tragedy of linguistic ruins.

In Aristotle’s time, the term “substance” had a specific meaning; and any superficial reading of Plato and his concerns involving appearance versus reality, the mysterious substratum which follows upon the continuity of what we see, what we suspect to remain unrevealed beneath the surface of visual phenomena; and, indeed, the history of philosophy is a dialogue of content verses context, from Descartes’ search for certitude rendering the entirety of Philosophy impotent by turning inward towards the self; of Kant’s consolation of such self-immolation by bifurcating the universe into a known and unknowable void; and into the modern realm of Deconstructionism, post modernity, Derrida’s meanderings, and the modern hermeneutics of non-religious definition of truth, reality and the condition of man.

Within that greater context, we are left with the devastation of a simple truth:  The essence of man rarely changes; we merely make way for new window dressings.  But through it all, we must always be wary of the non-substantive, and harken back to Aristotle’s concerns; that which we create and leave behind, we want to ensure that it survives with some rock-gut matter that makes a difference and actually matters.

For Federal employees and U.S. Postal workers who are suffering from a condition, such that the medical condition impacts the capacity of the Federal or Postal worker to perform one or more of the essential elements of one’s positional duties in the Federal or Postal job, it is often that sense of loss, the discontinuity of what they were accomplishing, and the “leaving behind” of unfinished business, which pulls them from filing for what needs to be filed.

We like to finish what we began.  We want to leave a legacy, a memory of who we are, what we were, where we ended and how we got there.  The unfinished fabric of unwoven material leaves a fluff of scattered cotton fibers scattered for the winds of time to disperse.

For the Federal and Postal worker who has dedicated his or her life to a career in the Federal sector or the U.S. Postal Service, leaving is a trauma upon a trauma of medical conditions.  But the Federal and Postal worker must always remember, that the substantive course of life must always begin with the impetus of self-motivation, and within the shark-infested waters of the undersea in lands and foreign worlds where human calamity coalesce, the self-preservation of one’s health must begin first, and only then can one step forward into the universe of the next career, the next life, the follow-up inning of future legacies.

Taking care of one’s self by preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, through the U.S. Office of Personnel Management, is the move of wisdom if one is to secure a future of accomplishment and actualization of any remaining potentiality.  We all have reasons for not doing something.  Be wary of the non-substantive.  Focus always upon the true meaning of who we are, what we have become, and where we are going.

Sincerely,

Robert R. McGill, Esquire